agency shall make a determination as to whether a review also shall be made of contractual relationships with the contractor and its affiliates. The review, if made, shall cover a period of 2 years, or longer if considered necessary to determine whether there is procurement fraud or other criminal conduct and whether the Government may have any basis for recovery of damages, or payments from the contractor in connections with such other procurement activities. Results of the review shall be reported through procurement channels to the addressee in § 591.150(b) (2) (exempt report, paragraph 7-2t, AR 335-15). (d) Appropriate legal personnel who have cognizance of the legal aspects of contracts in the field (see § 591.403-15) and the Advisor on Fraud Matters to the Assistant Secretary of the Army (Installations and Logistics) shall review each pending fraud matter to determine the adequacy of the scope of the investigation made or being requested. [35 F.R. 11792, July 23, 1970] (a) The contracting officer is responsible for prompt initiation, complete and accurate preparation and submission of reports. (b) The Head of Procuring Activity is responsible for supervision of the contracting officer; and for administration of current contracts with contractors recommended for suspension or debarment, or suspended or debarred contractors. (c) The Judge Advocate General is responsible for all liaison with the Department of Justice. No officer or employee of the Department of the Army shall correspond with any representative of the Department of Justice or a U.S. Attorney concerning a matter reported pursuant to § 1.608 of this title without prior approval of The Judge Advocate General. This section in no way affects the requirement of AR 22-160, that certain offenses be reported to the Federal Bureau of Investigation, nor the requirement for cooperation with the FBI during the course of its investigation. (d) The Advisor on Fraud Matters to the Assistant Secretary of the Army (Installations and Logistics) is responsible for and has delegated authority to supervise and exercise surveillance over procurement fraud, allied matters of bribery, and kickbacks and other criminal conduct in connection with procure ment activities by contractors and their personnel and by military personnel or civilian employees of the Department of the Army. The Chief of the Debarment and Suspension Branch, Litigation Division, OTJAG, is the Advisor on Fraud Matters to the Assistant Secretary of the Army (Installations and Logistics). [30 F.R. 12165, Sept. 24, 1965, as amended at 34 F.R. 9499, June 18, 1969] § 591.652 Delegation of authority by head of procuring activity. A head of procuring activity may delegate authority under this subpart to his deputy, a principal assistant responsible for procurement, or to his legal advisor. Any delegation shall be in writing and one copy shall be forwarded at time of issuance to the addressee in § 591.150(b) (6). [34 F.R. 9499, June 18, 1969] Subpart G-Small Business § 591.704 Small business officials. (a) Within the Department of the Army the Small Business Program and the Labor Surplus Area Program are administered jointly. Because of the dual administration of these programs, individuals appointed pursuant to § 1.704-3 of this title shall be identified as Small Business and Economic Utilization Advisors and shall be responsible for performing the duties and functions required of both programs. (b) Only individuals who possess business acumen, knowledge of Army procurement policies and procedures, and the training and background to accomplish the objectives of the Small Business and Labor Surplus Area Programs effectively shall be considered for appointment as Small Business and Economic Utilization Advisors. (c) When the duty of a Small Business and Economic Utilization Advisor is on a part-time basis, the appointment orders shall clearly indicate that the assignment of this additional duty in no way relieves the individual from full responsibility for effectively accomplishing the Small Business and Labor Surplus Area Program requirements. [35 F.R. 4124, Mar. 5, 1970] § 591.705 Cooperation with the Small Business Administration. [34 FR. 9499, June 18, 1969] § 591.750-2 Purpose and function. (a) The purpose of the Council is to assist Army Small Business and Economic Utilization Advisors in developing uniform policies and procedures concerning small business and labor surplus area matters. (b) The Council shall meet at the call of the Chairman to discuss special problems arising within the Department of the Army which have or may have an impact on small business or labor surplus area programs or policies. (c) The Council shall consider recommendations from field activity Army Small Business and Economic Utilization Advisors made through advisors at head of procuring activity level for the purpose of making the small business or labor surplus area programs more effective. [34 F.R. 9499, June 18, 1969] § 591.751-1 Purpose. (a) DA Form 1877 is a management tool for summarizing the screening process of proposed procurements to determine (1) that consideration has been afforded labor surplus area concerns, and (2) that small business concerns receive an equitable opportunity to participate in the proposed procurement. (b) It is not intended that the preparation of this form or its review, coordination and analysis delay the procurement process at any echelon, but rather that its screening be complete and thorough to preclude delays incident to congressional inquiry or protest after the procurement has been initiated. Requirements for preparation of this form, including justifications as indicated, shall not supersede requirements for procurement justifications and determinations and findings as may be required elsewhere in ASPR and APP. [31 F.R. 9959, July 22, 1966] § 591.751-2 Preparation. (a) Each contracting officer is responsible for preparation of DA Form 1877 and coordination of his decisions or recommendations relative to a particular procurement with the Small Business and Labor Surplus Advisor at the purchasing office. (1) DA Form 1877 shall be prepared for each invitation for bids, requests for proposals, or request for quotations issued in the United States, its possessions or Puerto Rico which may result in an award of a contract over $10,000 except for proposed procurements indicated in subparagraph (2) of this paragraph. In addition DA Form 1877 shall be prepared when the requirements of a proposed procurement have been amended so as to increase the estimated amount over $10,000, subject to exceptions listed below. (2) DA Form 1877 shall not be prepared when the proposed procurement (i) Will be solicited by procuring activities outside the United States, its possessions and Puerto Rico; (ii) Covers personal or professional services, including architect-engineer services; (iii) Covers electric power or energy, gas (natural or manufactured), water or other utility services; (iv) Covers perishable subsistence or "customer demand" items for resale; (v) Is for services from educational or nonprofit institutions; (viii) Is for construction, including maintenance and repairs; or (ix) Is to be placed as an order under an existing contract, under a mandatory Federal Supply Schedule contract, or under a contract of another Military Department or Government agency which is designated as a mandatory source of supply (e.g., Brand Name Contract, prison-made and blind-made supplies). (NOTE: A procuring activity shall prepare DA Form 1877 for proposed procurements of an estimated amount over $10,000 which will result in issuance of an indefinite delivery type contract (§ 3.409 of this title) or other types of agreements (§ 3.410 of this title) notwithstanding that future orders placed against such contracts will not require DA Form 1877 as stated in this subparagraph); (b) When completed, DA Forms 1877 shall be made available only to personnel who have a "need-to-know" until the date of award of contract. Copies of DA Forms 1877 distributed outside the Department of the Army shall be marked "For Official Use Only" in accordance with AR 340-16. [31 F.R. 9959, July 22, 1966, as amended at 35 F.R. 8555, June 3, 1970] § 591.751-3 Review after preparation. (a) Each DA Form 1877 shall be reviewed within procurement channels at a level higher than the contracting officer to insure full compliance with the objectives of the Small Business and Labor Surplus Area Programs. (b) Whenever the contracting officer and the Small Business and Economic Utilization Advisor (or, when the contracting officer also functions as the Small Business and Economic Utilization Advisor, the contracting officer and the individual at a level higher than the contracting officer who reviews the DA Form 1877) are not in agreement and cannot reach an agreement, the DA Form 1877 shall be forwarded to the cognizant head of procuring activity for review and decision at that level. If an issue cannot be resolved at head of procuring activity level, the DA Form 1877 shall be for warded to the addressee in § 591.150(b) (6) for resolution (see § 591-150(d)). [35 F.R. 4124, Mar. 5, 1970, as amended at 35 F.R. 8556, June 3, 1970] § 591.751-4 Due date and distribution. (a) DA Forms 1877 shall be prepared with sufficient leadtime to permit review as prescribed in § 591.751-3 10 working days before issuance of the solicitation. (b) For proposed procurements having an estimated cost of more than $300,000, one copy of DA Form 1877 together with any appropriate attachments shall be forwarded direct to the addressee in § 591.150 (b) (6), Attention: Army Small Business and Economic Utilization Policy Advisor. Concurrent distribution shall be made to intermediate commands. Letters of transmittal are not required. The original DA Form 1877 shall become a part of the contract file. (c) At the time of an award of a contract of more than $10,000 for which a DD Form 350 is required, a copy of the relevant DA Form 1877 shall be attached to a copy of the DD Form 350 and furnished the installation/activity Small Business and Economic Utilization Advisor. For contracts of more than $300,000, one copy of the DA Form 1877 attached to the DD Form 350 shall be forwarded direct to the addressee in § 591.150 (b) (6), Attention: Army Small Business and Economic Utilization Policy Advisor. This distribution is in addition to the distribution prescribed for DD Form 350. (d) Distribution and use of additional copies of DA Forms 1877 shall be as prescribed by heads of procuring activities. [35 F.R. 4125, Mar. 5, 1970, as amended at 35 F.R. 8556, June 3, 1970] § 591.751-5 Specific instructions for preparation. (a) Date Prepared-Self-explanatory. (b) Identification No.-Each purchasing office shall number DA Form 1877 consecutively from the beginning of each fiscal year, starting with 1, and followed by the last two digits of the fiscal year, e.g., 1-66, 2-66. If more than one activity in a purchasing office uses the same reporting office code, the purchasing office shall assign blocks of numbers to each activity to avoid duplication of report numbers. dress of the purchasing office submitting the report. (2) Item 2. Station No.-Enter the symbol and number assigned to the purchasing office by the Department of the Army. (3) Item 3. Description of Commodity or Service-Check the appropriate block and enter the description of the commodity or service. Specific end use of item and model numbers should be used where possible, e.g., M-14 Rifle, Radio Set AN/FST-65. The description of services shall be in sufficient detail to permit an understanding of the scope and effort to be required. (4) Item 4. Requisition/Request No.Enter the identification number of the procurement directive. (5) Item 5. Date Prepared-Enter the preparation date shown on the document identified in Item 4. (6) Item 6. Date Received-Enter the actual date the procurement directive was received in the purchasing office. (7) Item 7. Quantity-Enter the quantity indicated on the requesting document. If for more than one separate item, the quantity of each may be shown with description under item 3 and this block so footnoted. (8) Item 8. Estimated Cost-Enter the estimated total price of the procurement. In case of a multiyear procurement, only the first year's price will be shown. (9) Item 9. IFB/RFP No.-Enter the identifying number assigned to the procurement solicitation, if available when the DA Form 1877 is prepared. Delete "IFB" or "RFP" as appropriate. (10) Item 10. Est. Date of ReleaseEnter the date that the IFB/RFP will be released by the purchasing office. (11) Item 11. Est. Date of OpeningEnter the date on which bids will be opened or on which proposals are due at the purchasing office. (12) Item 12. SIC Code-Enter the assigned Standard Industrial Classification Code (§ 1.701-4 of this title). (13) Item 13. DD Claimant Program-Enter the appropriate DDPC number that identifies the commodity described in Item 3. Claimant Program numbers are defined in Volume I of the Department of Defense Procurement Coding Manual. (14) Item 14. FSN-Enter a fourdigit Federal Supply Classification number for supply items. EDTR action shall be assigned a code beginning with the letter "A." (15) Item 15. Has Exact Item/Services Been Procured Previously-Indicate whether the item or service has been previously procured. The degree to which the procurement package, i.e., specifications, drawings, technical requirements, has been revised since the last procurement shall be indicated in Item 16. (16) Item 16. If answer to Item 15 is "Yes" in Present Item/Services-Check the appropriate block. (i) The proposed procurement shall be considered a rebuy (identical) if the same procurement package as previously used is again included as part of the procurement. If this is not the case, the procurement is considered a revision and should be so checked. The degree to which an item has been revised is a matter of judgment. (ii) To be considered "Minor" the procurement package being used for the proposed procurement should generally be identical to that previously used. (17) Item 17. Contract No.-Enter the contract number of the last contract which is considered representative of the proposed procurement. (18) Item 18. Date of Award-Enter the date of award covering the contract listed under item 17. (19) Item 19. Total Quantity-Enter the final total quantity placed under contract listed in item 17. (20) Item 20. Total Price-Enter the final total price covering the contract listed in item 17. (21) Item 21. No. of Bids ReceivedEnter the total number of bids or proposals received as a result of the solicitation. (22) Item 22. No. of Bids Received from Small Business-Enter the number of small business concerns included in the total shown in item 21. (23) Item 23. Previous Method of Procurement-Check the appropriate block to indicate the method of procurement under which the contract shown in item 17 was awarded. (24) Item 24. Contractor and Location-Enter the name and location of the Contractor awarded the contract shown in item 17. In addition, check the appropriate block to indicate whether the contractor was large or small at the time of award and whether the place of performance was located in a labor surplus area. (25) Item 25. Proposed Method of Procurement-Check the appropriate block to indicate the proposed method of procurement. (26) Item 26. Small Business and/or Labor Surplus Area Will be Given Opportunity By-Check the appropriate block to indicate the method by which small business and/or labor surplus concerns will be given an opportunity to participate in the proposed procurement. (27) Item 27. Proposed Bidders ListEnter the total number of concerns to be solicited for the proposed procurement and show that part of the total that are small business and/or labor surplus. (28) Item 28. Small Business or Labor Surplus Concerns Will Not Be Given Opportunity to Bid Because-Check the appropriate blocks to indicate why small business and labor surplus concerns were not given an opportunity to participate in the proposed procurement. (29) Item 29. Will this Procurement Offer Substantial SubcontractingCheck the appropriate block to indicate whether or not, in the opinion of the contracting officer, the proposed procurement lends itself to small business and/or labor surplus subcontracting opportunities as defined in §§ 1.707 and 1.805 of this title. (30) Item 30. Remarks-Enter any additional information and explanation which will assist the reviewing authority. (d) Name of Contracting Officer and Name of Small Business and Labor Surplus Advisor-The contracting officer and the Small Business and Labor Surplus Advisor shall sign their names in the appropriate blocks. Completion of this form represents a certification by the foregoing persons that small business and labor surplus concerns have received maximum consideration within the scope of the mission and urgency of the procurement. [31 FR. 9960, July 22, 1966] Subpart H-Labor Surplus Area [36 F.R. 20678, Oct. 28, 1971] § 591.1003-1 General. Report Control Symbol COMM-1010 has been assigned the reporting requirement in § 1.1003 of this title. [36 F.R. 20678, Oct. 28, 1971] § 591.1004 Disclosure of information prior to award. (a) For proposed unclassified negotiated procurements estimated to exceed $100,000 and which involve competition, the marking "For Official Use Only" shall be applied in accordance with AR 340-16 to (1) Quotations for proposals and related working papers, and (2) Requests for approvals of awards of negotiated contracts. This protective marking shall remain in effect until negotiations have been completed and the resultant contract awarded. (b) Contracting officers shall consider using the protective marking for other sensitive types of information associated with unclassified procurement actions, giving due consideration to the magnitude of workload involved. The marking of certain information received in confidence from private industry, regardless of the monetary value of the procurement involved, is governed by AR 340-16. [35 F.R. 11792, July 23, 1970] 135 F.R. 11792, July 23, 1970. |